SALES TERMS AND CONDITIONS
These Sales Terms and Conditions (hereafter ‘Sales Terms’) constitute a binding legal agreement under which we supply our products and related services to you. Please read them carefully because they are binding on you. If you do not agree the Sales Terms as stated here, you should not purchase from us. We may also revise these terms at any time by updating this page. If you have any question regarding these Sales Terms or our Website, please contact us for clarification using the contact information below.
Unless the context requires otherwise, in these Sales Terms and Conditions (hereafter ‘Sales Terms’), the following terms shall have the following meanings:
“Website” or “Site” refers to https://www.zelussydney.com.au
‘We’, ‘us’, or ‘our’ refers to Zelus Sydney, a sole proprietorship trading as Zelus Sydney (ABN 31 639 200 503 ), its successors and assignees.
‘You’ or ‘Your’ refers an individual or corporate entity that orders or purchases our products or related services.
- Your Acceptance
- Your purchase order and acceptance of these Sales Terms constitutes a binding legal agreement between you and Zelus Sydney. When you purchase our products, you are acknowledging that you have reviewed, understood and have accepted to be bound by these Sales Terms.
- At Zelus Sydney, we apply the 18-year age limit when purchasing. When making purchases from us, you guarantee that you are of 18 years older or have the approval of guardian who is 18 year of age or older.
- Products, Services Orders
- You may purchase products directly as described on our website.
Pease note that your order is a non-binding offer to purchase our products and we may at our discretion accept or decline any purchase order if the inventory balance has been incorrect at the time of purchase or if we cannot verify payment for the products or services. If we cannot ship as per order confirmation, customer will be informed via email.
- You acknowledge that you it’s the customer’s responsibility to verify order details, including number and kind of products, pricing, shipping rate and delivery address before completing purchases on the Site.
- Upon purchase order, we will send you an order confirmation notification through the email address you supplied to us at the time of purchase. Order confirmation will set out the details of your purchase including order number, date, number and description of products ordered, total price, payment method, shipping mode and delivery address.
Order confirmation constitutes acceptance of your purchase offer and creates a binding agreement between you and Zelus Sydney.
- An order can be cancelled any time before it is submitted.
- Prices and payments
- Products are sold at the purchase price set out on the website at the time of placing your order. All prices stated at Zelus Sydney include, where applicable, General Service Tax and exclude shipping, insurance or invoice charges.
- Where shipping, insurance or invoice charges apply, they will be clearly indicated. We reserve the right to change the prices in case of pricing or printing errors. In cases of clearly incorrectly priced products, we reserve the right to cancel the order.
- You agree to pay for your purchases using the payment processing methods used by Zelus Sydney.
- Your payment will be processed as soon as you submit your order. You promise that you shall pay for your purchases using valid and lawful means. If we cannot process your payment successfully, we reserve the right to cancel your order
- Availability and Cancellation:
- We will make our best efforts to ensure that products are available on the site and to stock the site with such products and services.
- You acknowledge however that all products purchased from us are subject to availability. If the products or services you ordered from us are unavailable or if shipment is delayed, we will notify as soon as possible using the contact information provided by you at the time of purchase.
- In case of product unavailability, we will provide you with an opportunity to choose from a full refund, store credit or a backorder. If you choose to cancel your order and claim refund, we will refund you with the full purchase amount and related delivery costs. If you choose store credit, we will provide with the store credit reflecting the amount of your paid price. You can use store credit in your next purchase at the Zelus Sydney. If you choose a backorder, you agree to wait until we have restocked the merchandise and we will contact you to organize the shipping and delivery when the product becomes available.
- Location: We ship all over the world. If your country or delivery area is not listed in the area/country field at the checkout page, please contact us via email and we may add your delivery area. Please be aware that international orders may be subject to import duties and taxes. It is your responsibility to pay any applicable import duties when the order reaches your country.
- Delivery costs: the cost of delivery may vary depending on your delivery area or order size. Such costs, including applicable tax rates, will be indicated on the checkout page after you specify your delivery area. Shipping or delivery costs do not include applicable government taxes. We shall not be responsible for any import or custom duties, levies, or taxes which may be imposed on the product at the destination country or region. Please be aware that delivery costs are not eligible for refund. Zelus Sydney shall not be responsible and shall not accept any request for refund, return or exchange, if products are impounded, delayed or rejected for any reason in your country or state including for reasons related to quarantine, taxes or delay.
- Processing Times: Most orders for products in stock are processed and dispatched Monday – Friday within forty eight (48) hours of receipt of your order. Please note that delivery or shipping periods are estimates only and may vary according to processing times and shipping method selected by you.
- Notification: When products have been dispatched, we will send you a delivery notification via the email address you submitted at the time of purchase. Where applicable, delivery notification may include order tracking information. You accept that we shall not be held liable for any loss, cost or expense if you don’t receive notification from your country’ postage service about the arrival of the product or payment of any applicable fees and import taxes.
- Change of Delivery Times.If you would like to change delivery times or address or if you are not there to pick your delivery on the agreed delivery date, you should contact us as soon as practicable to arrange suitable delivery time. If you do not contact us and/or pick your products on the indicated delivery date, you agree that you may incur additional charges for each attempt to deliver your product.
- Methods: We use different methods of delivery in addition to Australian parcel delivery services. You can choose from Express post which cost takes approximately 1-2 business days (AU$12) or standard post which takes approximately 6-10 business days (AU$7.95).
If you are not available to collect your delivery at the time and place agreed in the delivery notification, your delivery company will deliver your product to the nearest post office.
- Transfer of Title and Risk of Loss: Title to the products shall not pass until after delivery or after your payment has been processed or received by us. Risk of destruction, damage or loss shall pass when the products are delivered at your delivery address.
- Promotional Prices and Discounts: Occasionally, we may offer promotional prices and discounts as incentives for certain purchases on the site made during the period of promotion. In addition to specific conditions accompanying any particular promotion, please note that we will not accept refund requests or price protection claims for purchases made at reduced or promotional prices.
- Intellectual Property Rights
- Intellectual Property Rights refers to all rights in any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not and wherever existing in the world, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights owned, used, or intended to be used, by a party whether or not registered, registrable or patentable.
- Zelus Sydney owns all Intellectual Property Rights in the Site and related services, products, brand name and/or business. The products contain material which is owned by or licensed to us (Material) and is protected by Australian and international laws. We own the copyright which subsists in all creative, artistic and literary works incorporated into the said materials.
- You agree that you will not infringe our Intellectual Property Rights by, including without limitation, altering or modifying any of the Materials, creating derivative works thereof or using our Materials for commercial purposes such as resale to third parties.
- Resolving Disputes
- If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute swiftly and amicably as follows:
- The Customer shall submit a complaint to Zelus Sydney stating the nature and substance of the claim or controversy and the outcome that is desired to settle the matter and the parties may seek to genuinely settle the dispute.
- If the parties fail to reach a mutually acceptable outcome under clause 8(a), the parties hereby agree to seek to settle the dispute with the help of a mutually agreed-upon mediator in New South Wales, Australia. If the parties cannot agree on the choice of mediator, they will seek the assistance of the Law Society of New South Wales, Australia. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If the dispute is not resolved within 90 days after it is referred to the mediator, any party may take the matter to court.
- Consumer Rights and Guarantees: Return, Refund and Exchange Policy
- Consumer rights: The Australian Consumer Law (ACL), including the Competition and Consumer Protection Act of 2010, stipulates consumer rights and guarantees which cannot be restricted or dispensed with by exclusion or liability limitation clauses in a contract. These include your right to repair, replacement or refund (hereafter “Consumer Guarantees”).
- Mandatory warranty against defects: If you are a consumer as defined in the ACL, the law requires us to furnish you with the following mandatory notice: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure”
- Nothing contained herein excludes your Consumer Guarantees under the ACL. You acknowledge that our liability for products provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms. We expressly disclaim and exclude all guarantees, conditions and warranties implied by custom, law or statute except for your Consumer Guarantees as defined in ACL.
- Warranties Disclaimer: Except for warranties granted to you by law, we supply our products without warranty of any kind, express or implied, and we accordingly, to the fullest extent permitted by law, disclaim all warranties including without limitation warranties of merchantability, non-infringement and fitness for particular purpose.
Except for your Consumer Guarantees, all products and services are provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
- Repair, replacement or a refund: If our product or service fails to meet the consumer guarantees, you have the right to ask for repair, resupply, replacement or a refund.Please contact us and we will explain the procedure and requirements to you. Please note that we may require you to submit proof of purchase and fault or defect in the product.
- Replacement and Refunds Policy
- We honor refund and replacement requests only in the following exceptional circumstances
- in case of major defect or problem if such defect or problem was not caused by you
- if we have sufficient reasons to believe that the product was wrongly described by us
- if the product is of incorrect size
- Products subject to refund or exchange must be returned to us within 14 days of your receipt of the order to be eligible for an exchange or refund. To make a refund request, please contact us via email at: [email protected] We will not accept refund or exchange requests or liability for products returned beyond this time period.
- To be eligible for refund or exchange, all items must be returned to us in their original condition and packaging, unworn, unwashed, and complete with original labels or tags. Please be aware that the right to refund or exchange under these Sales Terms is conditional to you producing to us evidence of defect or misdescription of the product as well as our independent evaluation of such defect or claim of misdescription. If we agree to a refund, we shall pay you the same payment method used to purchase the product or service.
- Zelus Sydney will only exchange products of identical type (including where applicable design, size and colour) and of lesser or same value you have already for. Exchange of product is subject to availability. In the event of products that are of incorrect size, we will provide full refund if the appropriate size is not available and only if the returned product meets the conditions prescribed in this clause. Zelus Sydney shall not be held liable for any delivery, inspection costs or import and custom duties and taxes that may apply.
- Packing: You must pack any product you are returning for our collection in a proper way to ensure that it is not damaged during return delivery to us.
- Your Responsibility:You are responsible for taking care of the product while it is in your possession. If you damage the product and you afterwards seek to return it, you agree that you will be responsible for the cost of repairing or restoring the product to its original condition. If we are satisfied that repairs are not economically viable, we will not offer any refund.
- Limitation of Liability and Disclaimers
- Warranty Disclaimers: Pease note that the information, products, services, offerings, content and materials on this website are provided “as is” and without warranties, conditions, representations and endorsements of any kind, either express or implied, including without limitation warranties concerning availability, accuracy, completeness, usefulness, timeliness or content of information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose of the information contained hereon. Zelus Sydney does not warrant that the Site, products or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Zelus Sydney makes no warranty that the site will meet users’ expectations or requirements.
- Please be aware that disclaimers and limitation of liability are subject to the ACL. To the fullest extent permitted by law, no advice, representation, conditions, communication, information or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein.
- We make no guarantees or warranties with regard to the availability of our products or services.
- Limitation of Consequential Damages: In no event shall Zelus Sydney, its affiliates or any of their respective directors, officers, employees, agents, assigns or service providers be liable for any loss, harm, damage, injury, death, costs including legal costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, or these Sales Terms, even if we were expressly advised of the possibility of such loss or damage.
- Our total liability damages, costs, and expenses arising from or in connection with the products, the services or these Sales Terms, however arising, including under contract, tort, equity, strict liability or other legal theory, will not exceed the total price paid by you for the purchase of products and/or services under these Sales Terms.
- This clause will survive termination of these Sales Terms.
- You agree to indemnify and hold us harmless from and against all disputes, claims, suits, demands, actions, liabilities, costs and expenses, including legal costs and expenses on a full indemnity basis, related to or connected with your breach of these Sales Terms. You agree to work together with us, at your own expense, in resolving claims, controversies or disputes, arising from or connected with your use of our products or services including without limitation disputes, complaints, inquiries or lawsuit that arises out of or relates to incorrect information you have supplied to us. The obligations under this clause will survive termination of these Sales Terms.
- General terms
- Privacy: We handle personal information in accordance with the Australian Privacy Act 1988 and other applicable data protection laws
- Termination: We reserve the right, in our absolute discretion, to deny supply of the products or services ordered by you in the event of violation of any of these Sales Terms, including where we have reasons to believe that you are engaged in on-selling or reselling the products or services to third parties without our consent.
- General Service tax:Where GST applies to our products or services, it will clearly be indicated on the checkout page at the time of purchase. You agree to pay all applicable taxes.
- Status of the Parties: Nothing contained in these Sales Terms shall be construed as creating a relationship of employment, partnership, agency or joint venture between the parties.
- Unforeseeable events: We shall not be liable to you if we fail to perform or are late in performing our obligations under these Sales Terms due to unforeseeable circumstances beyond our reasonable control including without limitation natural catastrophes, industrial action, government action, interruptions in public order, accidents, epidemics or acts of God.
- Notices: All notices and other communications in connection with these Sales terms shall be in writing and shall be considered given when delivered personally to the recipient’s address as stated on this Agreement or when delivered or sent by fax, electronic mail or post to the recipient or the recipient’s mailing address, e-mail dress or facsimile
- Waiver: If we fail or omit to exercise any rights or seek remedy for your breach of provisions of these Sales Terms, such failure or omission shall not be construed as waiver of such rights or remedy nor shall a waiver of either party of default in one or more occasions be construed as a continuing waiver or as waiver of any other breach.
- Assignment: You shall not assign any right hereunder, in whole or in part without our prior written consent.
- Severability: If one or more of the provisions of these Sales Terms is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability, as the case may be, shall not affect the validity, operation or enforceability of the other provisions
- Governing law:These Sales Terms shall be governed and construed in all respects in accordance with the laws of New South Wales and the Commonwealth of Australia and parties agree to submit to the exclusive jurisdiction of the courts operating in New South Wales and the Commonwealth of Australia as regard any claim, dispute or matter arising in relation to these Sales Terms. Our site can be accessed all over Australia and globally. We do not warrant that our website complies with foreign legal regimes. If you use or access our site outside Australia, you do so entirely at your own risk.
- Integration: These Sales Terms constitutes the entire agreement and understanding between the parties and supersedes all previous agreements, arrangements and understandings between them. Any variation to this Agreement must be in writing and agreed by the Parties.
For questions or enquiries, please contact us at:
Zelus Sydney (ABN 31 639 200 503)
These Terms were last updated on 1stDecember 2017.